Bill to Protect Holocaust Reparations

Legislation sponsored by Assembly Democrats Gary Schaer, Gordon Johnson, Valerie Vainieri Huttle, Tim Eustace and Vincent Mazzeo to protect monetary reparations received by Holocaust survivors from being seized received final legislative approval unanimously from the Senate on Thursday and now heads to the governor's desk.

"The physical and moral atrocities committed during World War II were compounded by monetary grievances that stretched on for decades," said Schaer (D-Bergen/Passaic). "Given the extraordinary lengths many Holocaust victims or surviving relatives have gone through to receive restitution, protecting these reparations is the least we can do."

The bill (A-1041), which was approved by the full Assembly in March, stipulates that, except for child support payment orders, monetary reparations designated for or received by a Holocaust survivor of Nazi persecution from any governmental source or victim assistance source shall be exempt from all claims of creditors and from levy, execution, attachment or other legal processes.

"Monetary reparations are a relatively small pittance for the enormous crimes committed against humanity by the Nazis," said Johnson (D-Bergen). "But for many surviving families, this is all they have and it should be protected at all costs."

"As the dust has settled on this sorrowful chapter in history, certain things must be treated as sacred, and this is one of them," said Vainieri Huttle (D-Bergen). "This is the right thing to do for the many families who only have monetary reparations to serve as justice in the end."

"Those most directly affected by the Holocaust suffered in indescribable ways, and while reparations can never undo that suffering, they do serve as a small measure of redress," said Eustace (D- Bergen/Passaic). "This legislation is about preserving justice in honor of the men, women and children who experienced countless acts of violence and cruelty during this dreadful period."

"No amount of reparations will ever be enough to repay families for the decades of loss and pain endured as a result of the brutality suffered during the Holocaust," said Mazzeo (D-Atlantic). "Helping families protect their reparations honors the thousands of lives impacted by the deplorable acts of this time in history. This legislation simply aims to do the right thing for New Jersey's families."

In 2000, a global settlement agreement and plan of distribution was ratified which included the establishment of an $800 million settlement fund designed to provide restitution to Holocaust victims and their survivors for money illegally obtained from Swiss banks by the Nazi regime. The Claims Resolution Tribunal has received over 32,000 claims from Nazi victims or their heirs to assets deposited in Swiss banks in the period before and after World War II.

At about the same time, the International Commission on Holocaust Era Insurance Claims established a program to settle insurance claims never paid to Holocaust victims or their heirs. Recently, Holocaust survivors or their heirs have begun to receive reparations payments from the funds established for this purpose. It is estimated that approximately 4,500 Holocaust survivors live in New Jersey.

Because these funds represent reparations for money improperly seized or withheld, the sponsors hope to ensure that they are not further diminished by remaining subject to creditor or other claims.

The bill also exempts these funds from estate recoveries under the Medicaid program. Under State and federal Medicaid law, a state must seek recovery from the estate of the deceased Medicaid recipient for all services received when the recipient was 55 years of age or older, such as nursing home services, home and community-based services and related hospital and prescription drug services.

Federal law exempts Holocaust reparations payments as assets/resources for the purposes of determining eligibility for Medicaid as long as the payments are "separately identifiable," that is, maintained in a separate account. Any interest or dividends earned on the reparation payments, however, are not exempt from Medicaid's calculation of income and assets/resources. This bill would continue the exempt status of the reparations payments upon the death of the Medicaid recipient by providing that they are not part of the Medicaid recipient's estate and, therefore, not subject to recovery in an estate proceeding of a Medicaid recipient.